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AB2014
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Group: Forum Members
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+x+x+xHi. The questions regarding criminal records on the new EU ETIAS pre travel authorisation system have already been approved, and can be found via a link on one of the other threads on this forum discussion. It basically says that it is only interested in convictions in the past 10 years. So if anyone has a caution, or conviction from over 10 years old then this information wouldn’t have to be disclosed. The current UK questions relating to criminal records for visitors from outside the EU seem more flexible than the ETIAS questions, so I can’t see the ETIAS being amended to any stricter questions to disadvantage UK citizens. If anything, the UK questions would more likely replicate the ETIAS ones? You'd think the UK would change in line with the ETIAS question, but no government would want certain newspapers accusing them of being soft on crime or (even worse) soft on foreign criminals. There was an outcry a couple of years ago when an Eastern European (Lithuanian I seem to recall) was convicted of murdering and sexually assaulting a young girl and it turned out he had a previous murder conviction in his home country. Lots of hard questions asked about how he was allowed into the country etc. Unfortunately, these incidents do tend to colour public opinion (even without the Daily Mail) - better to stop one situation like this than inconvenience hundreds or thousands of others who have rehabilitated and are simply getting on with their lives.. Exactly, but striking that balance is the tricky part. The only way to be sure is to ask for a police certificate. Given that some EU countries don't record all convictions, and then routinely delete some of those they do record, it does put UK nationals at a disadvantage. Obviously, the more serious crimes wouldn't be deleted, but I suspect that many are deleted that the UK would want to know about.
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If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)
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Yankee
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Group: Forum Members
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+x+xHi. The questions regarding criminal records on the new EU ETIAS pre travel authorisation system have already been approved, and can be found via a link on one of the other threads on this forum discussion. It basically says that it is only interested in convictions in the past 10 years. So if anyone has a caution, or conviction from over 10 years old then this information wouldn’t have to be disclosed. The current UK questions relating to criminal records for visitors from outside the EU seem more flexible than the ETIAS questions, so I can’t see the ETIAS being amended to any stricter questions to disadvantage UK citizens. If anything, the UK questions would more likely replicate the ETIAS ones? You'd think the UK would change in line with the ETIAS question, but no government would want certain newspapers accusing them of being soft on crime or (even worse) soft on foreign criminals. There was an outcry a couple of years ago when an Eastern European (Lithuanian I seem to recall) was convicted of murdering and sexually assaulting a young girl and it turned out he had a previous murder conviction in his home country. Lots of hard questions asked about how he was allowed into the country etc. Unfortunately, these incidents do tend to colour public opinion (even without the Daily Mail) - better to stop one situation like this than inconvenience hundreds or thousands of others who have rehabilitated and are simply getting on with their lives..
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AB2014
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Group: Forum Members
Posts: 1.2K,
Visits: 7.7K
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+xHi. The questions regarding criminal records on the new EU ETIAS pre travel authorisation system have already been approved, and can be found via a link on one of the other threads on this forum discussion. It basically says that it is only interested in convictions in the past 10 years. So if anyone has a caution, or conviction from over 10 years old then this information wouldn’t have to be disclosed. The current UK questions relating to criminal records for visitors from outside the EU seem more flexible than the ETIAS questions, so I can’t see the ETIAS being amended to any stricter questions to disadvantage UK citizens. If anything, the UK questions would more likely replicate the ETIAS ones? You'd think the UK would change in line with the ETIAS question, but no government would want certain newspapers accusing them of being soft on crime or (even worse) soft on foreign criminals.
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If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)
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BenS
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I agree in being optimistic that ETIAS won't reciprocate the stronger UK questions, because it would have to do that for all nationalities (unless it made some special derogation allowing them to ask extra questions solely to UK citizens, which would be very petty).
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Tom77
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Group: Forum Members
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Hi.
The questions regarding criminal records on the new EU ETIAS pre travel authorisation system have already been approved, and can be found via a link on one of the other threads on this forum discussion.
It basically says that it is only interested in convictions in the past 10 years.
So if anyone has a caution, or conviction from over 10 years old then this information wouldn’t have to be disclosed.
The current UK questions relating to criminal records for visitors from outside the EU seem more flexible than the ETIAS questions, so I can’t see the ETIAS being amended to any stricter questions to disadvantage UK citizens.
If anything, the UK questions would more likely replicate the ETIAS ones?
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Square
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+xI always assumed that the UK would need to comply with the ETIAS when implemented. However, as already noted, the agreed EU ETIAS questions will only ask for any convictions in the past 10 years. As long as this doesn’t change, (and I can’t see it changing as at the moment no questions are asked regarding criminal history on the EU Visa application) then anyone outside of 10 years won’t have to disclose. Unless the UK implement pre travel questions regarding ANY criminal convictions or arrests like the US do, then the EU may reciprocate and amend thier questions but hopefully not. I would assume the the UK would use the same system for EU members that it does for the US/ Canada and Australia which states: V 3.4 An application (except for an application for an extension of stay as a visitor) will be refused if the applicant has been convicted of a criminal offence for which they have been sentenced to a period of imprisonment of: (a) at least 4 years; or
(b) between 12 months and 4 years, unless at least 10 years have passed since the end of the sentence; or
(c) less than 12 months, unless at least 5 years has passed since the end of the sentence. Where this paragraph applies, it will only be in exceptional circumstances that the public interest in maintaining refusal will be outweighed by compelling factors. ... V 3.5 An application will normally be refused if: (a) within the period of 12 months before the application is decided, the applicant has been convicted of or admitted an offence for which they received a non-custodial sentence or out of court disposal that is recorded on their criminal record (except for an application for an extension of stay as a visitor); or
(b) in the view of the Secretary of State the applicant’s offending has caused serious harm; or
(c) in the view of the Secretary of State the applicant is a persistent offender who shows a particular disregard for the law.
I can see the EU eventually going down this route as it would be aligning the rules with most western countries.I love the ambiguity of terms such as "serious harm", "moral turpitude" etc. the can mean anything and everything.
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Tom77
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Group: Forum Members
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I always assumed that the UK would need to comply with the ETIAS when implemented.
However, as already noted, the agreed EU ETIAS questions will only ask for any convictions in the past 10 years.
As long as this doesn’t change, (and I can’t see it changing as at the moment no questions are asked regarding criminal history on the EU Visa application) then anyone outside of 10 years won’t have to disclose.
Unless the UK implement pre travel questions regarding ANY criminal convictions or arrests like the US do, then the EU may reciprocate and amend thier questions but hopefully not.
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AB2014
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Group: Forum Members
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+x+xJust a quick update on this for anyone following. As expected the UK's proposed new immigration system has a pre-authorisation for tourists travelling to the UK. Asked in an interview this morning whether it would mean UK citizens having to get an ETIAS to travel to the EU, Theresa May replied "we expect it to be reciprocal" So there you go folks. It was a slim chance that UK citizens would get an opt out but instead we're happily going along with it. End brexit now I remember people getting confused about not leaving the EU immediately and saying we should "leave Brexit now", so maybe we should make "Leave Brexit now!" our slogan? We can confuse people by being honest. 
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If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)
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Monkos
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Group: Forum Members
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+xJust a quick update on this for anyone following. As expected the UK's proposed new immigration system has a pre-authorisation for tourists travelling to the UK. Asked in an interview this morning whether it would mean UK citizens having to get an ETIAS to travel to the EU, Theresa May replied "we expect it to be reciprocal" So there you go folks. It was a slim chance that UK citizens would get an opt out but instead we're happily going along with it. End brexit now
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tedstriker
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Group: Forum Members
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Just a quick update on this for anyone following. As expected the UK's proposed new immigration system has a pre-authorisation for tourists travelling to the UK. Asked in an interview this morning whether it would mean UK citizens having to get an ETIAS to travel to the EU, Theresa May replied "we expect it to be reciprocal"
So there you go folks. It was a slim chance that UK citizens would get an opt out but instead we're happily going along with it.
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